The Sun. — London, England, 1809-11-14 00:00:00

NAVAL N E 1 , - • ~ORTSM ouTn, Nov. i3.--Arrived the Nep tune, DAVID DRYSDALE, from Oporto, bound to Leith ; CAtiEtrio from Deptford; Spectdatio-n; R. HALL, from Stockholm, laden with tar, &c. for this port ; .IVile„ G. HALL, from North Yarmouth. Sailed'the Pitt, W. BROWER ; Nile, W. Colt ilEß ; Thomas, W ..WILKINSON ; New Concord, 3.611 N. cVARITEII ; Barnwell, J. GARRETi ; Brand ten, W. HENNEY-; Isabella, G. GOODMAN ; Liter- WW. ANDREWS, for Sunderland; Industry, J . OULDRING, for London. Captured off Scilly, by a. French privateer, the Little Arthur, DawsoN, helcinging to PortsmoUth ; corning from Gioraltar. FALMOUTH, Nov. I.—Aarived this -day- the American ship Laminas. Cotta, DACKENDUW from hull; bound to Cadiz; the, Portuguese ship Minerva, _ . from Oporto, in ten days ; the Alp Pelican, ARRIS; from Neyma, two months passage ; the brig Hannah; HENDERSON, from Malta; and the "'Clive Cutter, KINSMAN, from a cruize. Sailed' this evening the following packets with Dispatch, VINNECOMEE, for Malta ; Snake, THompsorq, for Cadiz ; any Express, But.- tor New Yorks Also the Pheasant sloop of . \var to join the outward-bound convoy for the Me diterranean; and the armed brig 'Lydia, Captain. 11OCICLIFF, for Malta. C-: 01 zi:, Nov. 6.--The West India fleet, thirty in Lumber, sailed from Cove on Saturday evening under t "voy of the Itaintow frigate, and Reindeer sloop of Tiley cleared the harbour before night but as the *lnd:has been since light, and not. very ta 40tarable, they cannot yet have proceeded any con hidrable distance from 'the coast. Major-G-eneral 144 (1 CLAii,INA and Suite, and Lady CLARINA took ! he ir passage in. the Concord merchintrnan, for his ~.-Loidship's command in the West Indies. Captain vv4 ruovia has gone out as his Lordship's Aide:de- The Biisk sloop of war sailed yesterday from the Barbour for England, having Admiral WHITSHED on board, and a convoy io charge, bound to the ports 11 1 the Channel.. The naval command at this port 1148 ; in consequence of Admiral WHITSHED'Sdepar- Ill re, deVolved upOn Captain BRACE, of the Virgitzie frigate: 144RvviCI{ Nov. 13.—This day sailed, the Lady A ft 'Peait packet, for Heligoland; and the Lady ‘"ces,.ditto, for Gottenburgh. 9Sailed theßa.iilisk gun-brig, with a convoy, for ottenburgh.-- remain several transports, and tnore are hourly expected from the D fo- I • QVInS , to take troops on bo ar d _ YA mouTH, Nov. 1 3.—s a ifr.d , the Trade; for Ileligoland, under convoy of the Panclora ) sloop of War. arrived the Beagle, sloop of war, from a cruizc. I) EAL the Lvov. I 3 . —Came down from the. River, Heart of Oak, THomPsos, for St. Thomas's.., the Cherokee and Helicon sops of war a cruize. , II••••••••••• f Resolun, Captain BU N K ER, of New York, 4 % London ; the llopezvell, of Glasgow ; the Heil_ : e lk, of Boston ; Laconea, of Portsmouth ; a brig longing to Jeisey; and a ship bound to Ply Mouth I N captured by the ,Decide privateer, of 16 guns, and 160 men; from Bourdeaux. jhe Weymouth, from Gibraltar to Londo n , bas lerl retaken .by the -Plover- sloop o f war , and ?J -ived at Scilly. x.lract of a letter from LondOndeiry, Nov. 4. t ai it Yesterday th e T ownse nd revenue cruizer, Cap ti° A. MORRIS, towed in here the brig Expedition, 1 , 1 . 1 nd for T o PS am , THOM AS C ROSS , master, from QQ l k„ e Edward's Island s ,:l oa d e d w i th t i mber. Cap ti'..Momirs fell in with h er, a b out ten leagues t 4v t ,lh of Ennisbom - Head, in very great distress, as log in th e l a t e h eavy ga l es lost her rudder, top the Sails, and boats, and the crew so exhausted at -1 P tu nFs, that they could not hold out three days gel, and with little or no provision, onboard." t AL T tlh 4o I c FLEET.--We have had the pleasure of ‘ l ‘,,, ll . ll eing the arrival from the Baltic of a fleet of Nteds of 350 sail—we believe _one of the largest kicliost' valuable convoys .that ever reached the shores. The arrangement made by Captain 111 0 ' 1 4 .* of his Majesty's ship Plantagenet, the Com °re of the fleet, 'for the protection' of the convoy, t te judicious. The foll ow i ng i s t h e order in kth e a the .66et sailed through the 'Belt, viz.' the ile t ,'?gen e t led, the 114ars brought up the rear, the 8q; In the centre ; on. the larboard side were the th z 4 and Vanguard. men of war, Ce r b erus f r i gate , th e and Mercurius sloops, and Cheeifitl cutter ;on t, 6tl rboard the Majestic and Standard m e n o f war , ,ttt t 7, Qrtur frigate, Monkey gun r brig, and Nero cut- N t O which were added by Admi r al M ANLBY ti o yty) the armed boats of his squadron, and those to the Plantagenet; by which means We re protected from the attacks of •about .70 gun-boats with 100 men in each, on the coast i tc, rtl n egelatid, as well as from then Racks of gun-boats the Port of Na , co, Fncl ) to a miracle, I;l9Ffi p ht" !II ‘;:, '44444.. RETORT' COURTZoiJi tall as the steeple of the toWli trotn which his title's ta'cn, tord SA L ISBURY, of Willi a:now:), Once enter'd Drury...lane. At the Box door stood youni Wag taffe, wit devoid of grace, He wanted but to gain a laugh, And Sarum's Peer a place. The Earl mistook the kraccins cur s And ctied, with looks a:l6 w; " Pray, friend, are you the Boxkeeper ?" SayS Wagstafle-," No I are you ?" COVENT-GARDEN THEATRE. Tll6 tragedy of Richard the Third, and the fat - 6e of The Quaker, Were the dumb_ skew representations at this Theatre last night, except during the first act of the former. Two persons, who appeared to be butchers, and a boy of the, same description, very adOn after the commencement of the perfo rm a nce , raised a noise in the pit. One of the - men had a napkin tied round his head, and the other had a red cap. The Red-cap Performer was taken into cus tody, and he acknowledged that he was sent to the Theatre for the purposd of promoting disturbance. The letters 0. P. were conspicuous .in many bats, and"in two or three instances placed on the breasts of the wearers. "No P. B." supposed to mean No Prieate Boxes, were also on papers round the hats of the opposition: Soon after the farce of The Quaker began, when LISTON appeared, be was saluted with furious marks of disapprobation, and was called forward, to !answer to the charge brought against him in an. Evening Paper, of having said, that if it had not been for. the Blackgnard Citizens., the Proprietors of the Theatre would long 'since have subdued theN enernicts: This charge LlSTON,im mediately after it appeared, solemnly:deriied in ano ther public print, but this was not enough for his unjust accuser, as the renewal of it in the Theatre might give some -Variety to the scene of riot. LIS TON therefore addressed the audience last night, and declared, upon the honour of a man,that the charge was wholly unfounded. The general character of this Performer convinced every body who knew him of the injustice of the charge. His declaration was of course credited .0y all liberal men, . and tiAras re= ceived with repeated shouts of applause. • The Placards were in the'tistial style, 'all full of gross - personalities against Mr. KEMI3LE, - as if he were the sole Proprietor of the Theatre, and the only person who had propoSed and supported the - new regulations. , A;person addressed the pit from the lower' boxes, and exhorted the, audience in ge neral not to suffer such riotous proceedings to con tinue. , He declared he was no advocate for KEMBLE, but he could not bear to see his felloW-countrymen' deluded by.ruffians and blockheads. . He said he was an OtEcer, and, had. bled in the se rv i ce of his country, in which service several of his brothers had honourably fallen. It was with great difficulty that this person- could.obtain a bearing, after it was foUnd 1 that he was a friend to peace and good order; but we are glad -to find that such sentiments were heard at all, as others may, be.induced.to .follow - his exam ple, and a stand may` at last be made against those who cannot be considered as advocates for public rights ; and `whose. unmanly violetide results from base and mischievous designs. The 0. P.' dance,:and the usual harrnony f " God save the King " -and Rule Britannia;"' . sung toge ther, concluded th e amusements heroic the curtain, and. - the malecbntents left the 'Theatre about half after ten o'clock. Li; , RICA. FROM ‘ ,TII4 NOVA SCOTIA ROYAL GAZETTE: Ocrroatit 20,--It would appear from the hostile dhstraction of .7.‘lr. nadison, • that even the disposi tion to conciliate did not exist on the part of the American Executive ; and the sudden determinption of Mr. Erskihe to return to this country, at a mo ment when it was expected that his departure would be retarded, for the purpose of facilitating a settleL ment, must give rise to very unpleasant apprehen sions. If Mr. Jackson's instructions were so pleas ing -to AMerica, as not to - require any explanations from Mr. Erikine, we 'are presuaded that - the Pre sident would-have hastened to receive him ; and we are also persuaded, that if Mr. Erskine's continuance was likely to remove existing difficulties, or even to retard the. occurrence of *hat is so much and's() justly apprehended, that gentleman: would not have been in such a hurry to dispose of hi s f urn i ture, and to get his family to England. A war we de precate;. but if the necessity, dreadful as it always is, be created by FrenCh influence, and the incura ble antipathies of the American Government itself, then we trust, that the British Minister will know what lic owes to his country. NOVA SCOTIA, OCT. 14.—Mr. Erskine has left Phi ladelphia for Washington to rake leave of the Pre sident, and with his tamily and suite.vvill embark for .England in the Africaine frigate. His furniture is advert ised,for sale at Washington. • ,NottioLn, SEPT. 22.—Mr. JACKSON. --We can state, upon .untiouhted authority, that this Minister is not yet accredited, ,andithat Mr. Erskine continues, and will continue, to exercise the Inflations of Mi nister frorn'Great-Britain, until the President returns to Washington, when Mr. Jackson will be received. No•demand has been Made by Mr. Smith, as to the object of his mission. • The contest for the. Regiatership of the West Rid ing of Yorkshire has terminated in favour - of Mr. Bounst.b. There iias. a. kind of trial of political strength on the occasion, add the interest of the LASCELLBS familyAveyailed. Th e contest, which commenced ort Monday, closed on Saturday morning at ted'o'dock, When Mr. ffv.vkswoHTLl -declined aoy further contest,. and 'Mr. BOUSFIELD was Of course elected. - . Precepts are about to be issued for a return of lists of persons liable to serve in the Old Militia, for Abe augmeatation.of : which. ballots will . take plaee . early iii the ensuiog yeat. LIR Nov. gp . , .. , .. . . , 0,2 Sunda ) , last a .Ge.ntlernad travelling in his gig from Cork to Dublin, alighted at the foot of a bill near Littleton; in • the Connty of Tipre . 'pry, in order to relieVe his horses; whom h. ~/,..ft to the dire&ion of hi s servant ; he had s( atc.-ttv began to walk tip the hill, when he saw a rnitiati level a horse pistol at him from behind th e h e d ge which bounded the road; on this he stepped quickly across, so as to get the gig between him and the assailant; but here again he was received by another ruffian, posted als6 With d•pist6l On the Opposite hedge; he then thought of eScapiUg by the front of the gig, and pushing forward, but itritn&li ' ately observed a third villain posted at'the Ilead of his horses, and holding the reins. As he - lnid in his possession a very large sum of money in bank notes, the traveller was determined to make 'every effort to avoid being - robbed and accordingly by one desperate plunge, burst. by the robbers, and'ran with all speed back towards the stage he had just left; as well in order to avoid :being plundered, as to alarm the neighbourhood. - In 'the mearrtime hiS' servant amused the banditti into an opinion that the money (of which they seemed to-have had -infOrrna-.; tion) was contained - in a travelling-box attached to the carriage, and kept them employed •in searching it, until his master, with a 'party of the' country people appeared at a distance, when the miscreants fled with .precipitation, without taking any article whatever. Unfortunately the knowledge they pus sessed of the neighbouring morasses rendered even _.. this immediate pursuit unavailing. • Our 'Readers may recolie& that at the late Con mission of Oyer and Terminer, a conviEtion for murder took place under very uneommoncircurn stances. Four fellows went out with an avowed intention to rob ; they met a jaunting-car, which they commanded to stop—on the driver alight ing, h e was recognised by the gang as an old acquaintance and friend, and while a general greeting was going on, a pistol. in the hand of one of the party went off and: killed one of hig - companions ; upon Which another of . them, exclaimed with ctirse, that he• had often warned him (the person in whose hand the pistol was) that i it would do mischief some time or other, as it was . apt to go off at half-c o Ck.. . . Upon this evidence the Jury, according to the ) old. principle of law, which makes an homicide Carn;. - . mined in the prosecution of a felony--1111;rder," found - the prisoners guilty, and they were. sentenced. to p._qxecklted on Thursday last. - It is said; With what truth we knoi , not, that his Grace the Lord Lieutenant, on reading a News Paper report of this trial, was so struck with the singularity of the case, that he sent for Chief Justice aiwnes, with Whom he communicated On . the subjeCt. The isien were for the present . respited, - and the. Chief Justice on Thursday last laid the matter before the ,other Judges, who upon debate, as we understand, agreed by- . a -majority of seven td - four, • that as it was • probable that upon reeogniZirig• Weir friend, th'e - in-, tention of the party to commit robbery had ceased; the subsequent accidental homicide could not be said .to amount to murder; and they haVe therefore re cOminended 14 It the convicts s h ou ld" b e par d oned, on , condition of being tran4yotted for' life. • LAW REPORT. EXCHEQUER CHAIVIBER,./4i;v: THE KING V. HOLDEN. Mr; YATES argued thi s c a s e f or t h e Prisoner vvit great l earn i ng and ability.' It was an indi6iment whit.% had been tried at the Landaster Assizes; and by which the prisoner was charged . with disposing of, or putting off, at a late less than their,inominal value, certain' forged notes of the' Bank of England. It appeared on the trial, that the witnesses by whom the'case on the part of the prosecution was made out, had applied to the prisoner, suspeaing him to be a dealer in forged notes, to dispose of some of. these notes to them. The prisoner had not any in his possession at the time, but afterwards procured some for the witnesses, who. appeared on the trial., against him, being two persons of the ,names of Slaw and Whitehead, who, it also . appeared, had been employed in this lransaaion by tfie Bank,with intent to defraud Which — Corporation, the prisoner having di spose d of .or put oft the twtoatsesciiinargqeudeswtilotill). An objeaton was taken for the p r i soner , at the trial, that ,the 4 et of theSe witnesses.was..to be h e ld in this instance th e ad of the Bank, which could not be. allowed to procure a crime to be committed against itself, for the mere sake of punishing the prisoner. This point, and also an objeCtion Collie form of the judietment, the Learned Judge. who tried the case. had reserved for tile opinion of :the Judges. .The Learned Counsel snow contended, that the policy of the law of :England was not to • procure the commission of a crime, fbr the purpose of infliaing punishment, but rather to prevent the perpetration of crime. Qn this principle he argued,. that the Bank of England : haying by their Agents, whose ad must be supposed, to this effed, .-to be that of the Bank, procured, with their own consent, an imaginary fraud to be committed against them;- selves, could never be permitted to punish the pri souer for an offence to which they themselves had been the instigators. He instanced. a case in point, where a number. rof persons, and, among others; the person to be robbed, having entered into a con spiracy to induce another person to commit a rob:- bery ; the robber, though he willingly committed the.offenee, and was ignoriutt that the person whom he had robbed was a party tb the: instigation of ithe robbery committed on himself, was, on a reverence to the Judges, acquitted. He did no - t.go the length of contending that in such a case it was necessary that the party, against whom the .intent to defraud was charged, should a&uaily be defrauded ; but this he did contend, that it was necessary that the pro bability, at least, of the fraud being effected should appear. This was not here the case, the Bank being the only party as to whom the intent to de fraud was charged, and being, at the same time s thrOtigh its own at and deed, the only instrument through whom the fraud could be perfeded. • As to the point of form, he contended that the indid meat was defedive, in as far as it did not particu larise the persons by whom the notes were disposed and thereby iicurnisb the prisoner wile; a Cle.L' view of the charge to be made against t . Mr. LAMB, for the prosecution, yirgued, ihat th t i, forth of the indittrnent waa that forts: wae)ir;, dniVerial tiseoneyery circuit'in the, kingdo m . rth q intent of the prtioner, top, C:.“lefraud, could denied. He did not know Shaw and Whiti.d.,.l. l d to have been employed by the Bank ; .his disposal, of the notes to thorn might, therefore, for any thing b 9 knew to the contrary, unimateiT lead to a trawl czA. the Bank, on whom . he could not be ignorinit,tillt the forgery Was committed . . Shattr and VY: telie;c 3 ,t, might even thernSelves haVe;ated fraudnletitly 10 7 wards the Bank, in which case also the intent of OIL' Prisoner might haVe taken . ctrec...t, ; Moreover, ever, he argued, that the . witnesses 'on This - trial We i:9 not the agents but, the Bank a s to the specific trolcil in question, but, generally, for thedetectio:t of for 7., geries. it was not, therefore, by the :113'rt , ctloil of the Bank that. they had made the tipi;iieiicism : 14 the Prisontr,• and in conseqbence of which he disposed of th& notes itignesti; . .)n to ti)crn: detertedt COURT OF KIN'G'S BENCH, Nov: t 3 „ • WA LTERS JOHNSIO,:F . • , • • 11 1 1 r. G;t - ifidii - 11'1OVed fot it rule to ti!ev. , cause wh4f the Defendant, who wa, au Attorney, in that, °court; should not ply tb the Plaint 4 the cots 0 4 .:...the non 'suit which had: been Obtained iii this ea , :e. 71slie _Plitintitr was a baker, and thea6"tion ‘vas.brougf:t tot / he Suitt of four guineas for.,biead-tanished to the: .Delendent's family. The Plaintiff's - kittornq 'at the• house, for the purfose of, •. serving' subpoenas on lti . two SCZN:II.IiS. who knew of the furnishing of e bread, . bur be requested that,the subpoenas might be left with himself, and.he W ou ld deli v e r t h em to the"two . It appeared •that the 'Defendant . did indeed do, liver the notices to the. Servants, but,with orders, the same time, not to go till he shot - adte . ll them.--4 . This he tookcare to onlitio do, an d i n consequence • the - Plaintiff was nonsuited. In these citcuinstinces, the present must be regarded as a very I,:nictie applicatioil.--,Rule gran test: SIMPKINS V. HUNT. Mr. CLIFFORD .shewed cause Against a rule for' setting aside the verdict in this case, and having a new Writ of Inquiry direiited to assess•darn2ges. The. a6tion originated from some -acritnonious guage which had passed between the parties' about game. The Defendant had allowed -judgment to . go against him by default but the •Ltarned Coun sel was instruded to contend,. that this eircum= stance. did not amount to an admiSsida 'of t%ery, thing that appeared:on• the face, of the declara 7 ti,o7- 1 .. &Jury of twelve honest meta had been sum nionepl by the Sheriff to assess the damages, an d they, on heating in what the supposed injury con.• sisted, found no„ damages due. It was impossib; indeedyfor:thein them to have found otherwise; no evidence being adduced to shew -that any ,Janaagi had been sustained.' Lord ELLENI3OROUGH observed, the 'Defendant, Judginem to pass by default; had con fessed that there was some damage , —Ruleinade ab solute. Mr. JAavis applied to have a/writ or mbe,ig . ' Corpus for bringing op the body 'Of a -seawall quashed. The writ had. been obtained: on tha ground that the seaman of the name ofJacobApple= burst, who had been impressed in Bomliay,in year 1805, was a Sweds, and that: the Cul:oden; , the vessel 'on board of which he had been put,' , : .had only recently arrived in this country..—Thd. Learned Counsel now moved to have the writquash ed, on the ground that the seaman.had been a soner of war, and had freely entered into the ser vice. He instanced two cases which he conceived to be in point, and in each of which the Habeas Cor.• pus was quashed quia. improvide emanavit. He also alluded to the cases of the King and;Eclwards,.and to the King and Reynolds, in Sixth Terjii-Reports.,: Lord ELLENBOROUG!i was not aware how a pri. soner of war coul,l be made to enter into the service. At all events, however, satisfying the return to th 6 writ was the proper triode of proceeding: MR. EDITOR, AIIXIOUS to render relief iri any point of Viet that lies in my power, to my fellow -creatures; I ani prompted to communicate tb those whO unfortunately labour .under that dreadful disease the. Gravel and Stone, an undoubted and certain remedy; the bilify of which Lean vouch for; having proved it rny ,self, and frequently witnessed its efficacy in nurnberi. 'Tis' a 'Simple regimen, as follows Take art handful of common weed called Wild Carrot, eitheE the roots or blossoms, to which put a piht and e half of boiling water, stew it by the fire till the liquoe becomes strongly impregnated with the weed. Let the patient take, a tea-cup full in the. eitremity of pain." It is.a present i:elief, and, by a continuation of it,, will effectually dissolve and eradicate,any canons sub.; stance, though ever so.large.—l am, Sir; with r es p e 6 t; Itolyvvelt.&tteet, N ov . 7 . .. • I.•S. T. •N. B. The weed may be bought in Qovent-gar. den, at . a trifitng tkpence. There was no alteration made iii the price of bread. Todhunter, of. the Museum, Kendal, br now in liks possession a potatoe s weighink 31h. 10 z. Which i;traS . l4p up in a field belonging to Mr. Thu'. mas Fielsyke, near Annau. . Within these six weeks, 7000 sick have 1 sent from the Island of Walcheren, and tht now there 4000 more to be sent. The DukeOf RICHMOND is about to mom' Vice-regal tour to the South 'West part In this excursion his Grace, is expet" new Bishop of ,FEaNs, on the ball' As a proof of the general mil a rook's nest with young in five eggs, were discovered la , Berkshire, where these bir. vity for some time, buildi as Is usual on the appror The hydrophobia theneighbourhood Lute and Justices the county, have one month. Wednesda cuit Court, Gordon IV *iecutte ptirsuant to sentence of.tli& la at Glasgolv, George sierectri tor house-brcakink iitrd iit,froi4t Qt . 11 gaci ~Bk+;T ,it act‘l tiLlOttir if Ireland . ,eet to v - v6t i.ll Alte:§6 foftiltehr:etlo.clr To, ,r, atiti v/&..".. act‘t,,, Qg and'iN'air-* • ' 0 4 4ch . o f c , • • - , -XiCts 4 nt, • jf OiaS • an 15 Peai °w • Slie r ord e i ed of th eall d ogs to b owe, e I ‘ ..l,,teut i_ s otes l wos